Bombay High Court

SWASTIK REALTY PRIVATE LIMITEDversusMULUND ANILESH CO-OPERATIVE HOUSING SOCIETY LIMITED

Decided: 7 October 2026
Disposal: DISPOSED OFF

Holding

An extension of time for the arbitral tribunal is permissible under Section 29A when substantial progress is shown and there is no opposition from the other party.

Summary

The petition was filed under Section 29A of the Arbitration and Conciliation Act, 1996 seeking an extension of the arbitral tribunal's mandate to complete the arbitration and issue its award. The tribunal was at the stage of cross‑examining the claimant’s first witness, indicating substantial progress. The respondent did not oppose the extension, and the court found sufficient cause to grant additional time. The court allowed the petition, granting a one‑year extension effective from the date the order is uploaded, and directed the parties to conclude the arbitration within that period. No other relief was ordered.

Issues considered

Whether an extension of time for the arbitral tribunal can be granted under Section 29A of the Arbitration and Conciliation Act, 1996.
Whether the parties have shown sufficient cause and progress to justify the extension.

Legislation cited

Arbitration and Conciliation Act, 1996 — s. 29A

Subjects

Arbitration
Extension of time
Section 29A
Arbitral tribunal
Award
Civil Procedure

Judgment

                                                               1/2                     9 ARBP-449-2026.DOC




                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            ORDINARY ORIGINAL CIVIL JURISDICTION


                                              ARBITRATION PETITION NO. 449 OF 2026


                      Swastik Realty Private Limited                             … Petitioner
                                      Vs.
                      Mulund Anilesh Co-operative Housing Soc. Ltd.              … Respondent
SAIRAJ                                                      _______
SANJAY
KARANDE               Ms. Apurva Manwani, Mr. Kartik Joshi i/b Wadia Ghandy and Co. for Petitioner.
Digitally signed by
SAIRAJ SANJAY
KARANDE
Date: 2026.10.08
11:34:05 +0530        Ms. Bina R. Pai, Mr. Rishabh Shonbhag, Mr. Avdhut Patil, Ms. Sonika Gawade for
                      Respondent.
                                                            _______


                                                   CORAM        :      ARIF S. DOCTOR, J.
                                                   DATE         :      7TH OCTOBER, 2026.


                      P.C.


                      1.       The present Petition has been filed under Section 29A of the Arbitration


                      and Conciliation Act, 1996 for seeking extension of mandate of Arbitral


                      Tribunal to complete the arbitration proceedings and publish its Award.


                      2.       Ms. Manwani, learned counsel appearing for the Petitioner has informed


                      me that this is the first extension which is sought for.




                      Sairaj
                                         2/2                 9 ARBP-449-2026.DOC


3.       I am also informed that the arbitration proceedings are at the stage of


cross-examination of Claimant's first witness. Therefore, I am satisfied that


substantial progress has been made in the arbitration proceedings.


4.       Learned counsel appearing for the Respondent has also not opposed the


extension of time and therefore, in my view, sufficient cause is shown to grant


extension of time.


5.       The Arbitration Petition is allowed in terms of prayer clause (a) of the


Petition. However, noting that period of one year has now been granted, the


parties are directed to endeavor that arbitration proceedings are concluded


within this extended time.


6.       The extended time period shall commence from the date on which the


copy of this order is uploaded on the website.




                                                             (ARIF S. DOCTOR, J.)




Sairaj

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